CAT/C/32/D/148/1999
Page 9
physical violence by the Sudanese authorities: arrest and interrogation; and a
house-search followed by low- level surveillance for a short period do not
constitute harm amounting to severe pain or suffering. There is no evidence
that the complainant suffered actual physical harm.
4.8 With respect to the alleged rally itself, the State party submits that it has
been unable to find any information referring to such a rally in April 1992.
Given that it is the only public political event that the complainant alleges to
have been involved in, the failure of either his representatives or the State
party to uncover any evidence of it seriously undermines the credibility of his
claim. The complainant attempted to play down the scale of this rally when
asked to explain why there was no independent evidence that it had taken
place.
4.9 With respect to the evidence provided to corroborate the complainant’s
claim that he was politically active in the Umma Party, the evidence produced
by him in the form of a fax from the London branch was rejected by the RRT
for its low probative value.
There is no information in the fax that
demonstrates any knowledge of the complainant personally, beyond stating
that he is a party member, and simply makes general statements about the
persecution of Umma members in Sudan.
A letter from the National
Democratic Alliance (Sudan) Australia Branch (NDA), dated 5 February
1998, addressed “to whom it may concern” similarly displays a lack of
specific knowledge of the complainant’s circumstances or background. It
refers to him only once, describing him as “a political activist [who is]
committed and opposing to [sic] the Government of Sudan since June 30,
1989, when the Democratic Government was overthrown”.
As the RRT
Member noted in the reasons for her decision, the complainant never claimed
to either DIMA or the RRT that he was a political activist from the time of the
coup. In fact, at the second RRT hearing, he claimed that he had been active
only in 1992 and 1993.
4.10 The State party notes that the evidence given both orally and in writing to
the RRT, a member of the local Sudanese community, whom the complainant
met for the first time in Sydney, is of equally doubtful probative value. She